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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 12701
Experience:  17 years real estate, Realtor. Landlord 26 years
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My dad died this past Saturday. His house has a contract on

Customer Question

My dad died this past Saturday. His house has a contract on it. I am his next of kin. Is it possible to stop the sale and put everything in probate?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: I am in California, my dad is in Uniondale, NY
JA: Has any paperwork been filed?
Customer: Not to my knowledge
JA: Anything else you want the lawyer to know before I connect you?
Customer: The niece of my dad's deceased wife is apparently handling everything without my knowledge.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Legal Eagle replied 1 year ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Expert:  Legal Eagle replied 1 year ago.

Thanks so much for your patience on this. I'm sorry to hear about your loss. If your father died with a will, then you'll need to move the property to the name of the person that he wanted to leave the house to. If he did not specifically make an arrangement for the house in his will, then it'll likely go to the "residue" of the estate, and it'll pass to the person who is to receive the residue. If he died without a will, then the property is going to go to his next of kin; either his spouse and/or his children, depending on the rules of NY. Once the property is transferred to the heirs, then if the heirs are in agreement, they can transfer the property. If he has already closed on the property, then you'll be able to effect the transfer as normal on his behalf.

What other questions did you have for me?